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2nd hand van broke down after 7 days


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Hi,

I bought a second hand van for £3000 and within 7 days it broke down. The head gasket has a crack in it and the garage I took it to, has said it will cost around £1500 to fix.

 

The delaer I bought the van from gave me a 3 month warranty (He buys the warranty from a warranty company.) However, the warranty company says the problem I have with the van, is not covered and they will not pay for the van to be fixed.

 

Would it be reasonable to assume I am entitled to my money back from the delaer?

 

What are my options?

 

Thanks for any advice.

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Yes, you are entitled to your money back - send a letter to the dealer, saying that you are rejecting the van under the Sales of Goods Act 1979, as being not of satisfactory quality and not fit for purpose, tell him why (what the garage has told yiou) and asking him how he intends to get the van back. Tell him that you will expect a full refund on return of the van, by the same means that you paid him - give a seven day deadline from the receipt of the letter - whilst you don't have to send it by recorded post, it makes it easier for you knowing it was delivered on day X so he must respond by day Y

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Hasn't the seller got to have the opportunity to carry out/pay for the repairs first?

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

 

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Hasn't the seller got to have the opportunity to carry out/pay for the repairs first?

 

 

That's what I was thinking today. However, I would rather have my money back and look for a new van. I have a feeling this van will cause me more trouble in the future.

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That's what I was thinking today. However, I would rather have my money back and look for a new van. I have a feeling this van will cause me more trouble in the future.

 

I understand that but in the event of you having to persue this through the courts, by not giving the seller the chance to rectify you provide him with a defence.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful

 

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Not so - you can reject the vehicle under SOGA within a "reasonable" timescale if the vehicle was faulty when sold which this clearly was.

 

Follow this path if you wish but the courts want to see all other options exhausted before making a claim so I think you will find that if you reject before giving the seller a chance to rectify, the court will likely do it for you.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

 

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As you know I am a dealer Sam and this is what we are advised by our legal people that a straight rejection is quite within the bounds of the Act provided it is within a "reasonable" timescale, usually a few weeks, and the fault was present at the point of sale which it would have been. The actual text is as follows

 

"Many dealers do not appreciate that if a vehicle shows a fault within a few weeks the customer can claim for a full refund. There is a myth that the dealer should always be allowed to try a repair. Not so. Often the customer can be encouraged to allow a repair but this is a bonus. The right of rejection has a big bearing on the consequences of the case. A lot of vehicles sold cost more than £5000 means that, if a solicitor gets involved, it can claim its costs which for a simple case can amount to another £5000 easily. So beware of fighting such a case if the outcome is doubtful."

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